GEETA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The present writ petition has been filed for quashing of the order dtd. 1/3/2017 passed by the Collector, Samastipur in Anganbari Appeal Case No. 40/2016 whereby the appeal preferred against the order dtd. 10/12/2015 passed by the District Programme Officer, I.C.D.S., Samastipur in case No. 07/2015-16 as contained in Memo No. 1671 dtd. 22/12/2015 has been dismissed as well as also for quashing the order dtd. 10/12/2015 passed by the District Programme Officer, I.C.D.S., Samastipur, as contained in Memo No. 1671 dtd. 22/12/2015 and communicated to the petitioner vide letter no. 46 dtd. 20/2/2016 whereby the selection of petitioner as Sevika of Hasanpur Anganbari Centre No. 140 has been cancelled.

(3.) Learned counsel for the State submits that the present writ petition is not maintainable in view of the consistent finding of the Hon'ble Supreme Court as well as the Hon'ble Patna High Court that the post of Anganwadi Sevika is not a post in the government service nor this is a post under the State services, as such, the present petitioner may not claim protection under Article 311 of the Constitution of India.